FCC Says DC Circuit Should Reject FOIA Complaint
The FCC asked the U.S. Court of Appeals for the D.C. Circuit to reject James Chelmowski’s pursuit of documents from the agency under the Freedom of Information Act process; the documents are tied to Chelmowki’s complaint against AT&T in a…
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porting dispute. “At the threshold, Chelmowski has not properly sought judicial review of the agency’s FOIA decisions in any court of competent jurisdiction,” the FCC said in the filing. “This Court lacks jurisdiction over petitioner’s motion seeking review of the FCC’s response to his FOIA request. Initial review of an agency’s response to a FOIA request lies in the district court.” In October, the FCC Enforcement Bureau turned down a petition for reconsideration by Chelmowski, who accused AT&T Mobility of failing to port his phone number to a new provider in 2011, in violation of agency rules (see 1510160045).